Land access code for accessing private land

Resource companies must comply with the mandatory provisions of the Land Access Code when on private land to carry out authorised activities.

The Code sets out:

  • coexistence principles that reflect minimum expectations for behaviours between resource companies and landholders
  • best practice guidelines for communicating and negotiating with landholders
  • mandatory conditions about conduct when entering and carrying out authorised activities on private land.

These mandatory conditions cannot be altered or waived by agreement with the landholder. All parties are encouraged to comply with the Code's best practice recommendations.

The coexistence principles have been developed and included following extensive consultation with stakeholders. These principles will support stronger relationships between resources companies and landholders by setting government's expectations in relation to coexistence behaviours.

In addition, minor editorial amendments have been made to the Code. These amendments do not result in any changes to policy or the Code's mandatory conditions.

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Who this applies to

The Code sets out government's expectations for the behaviours and best practice guidelines for communicating and negotiating with all resource authority holders and landholders. It also imposes mandatory conditions about conduct when entering and carrying out authorised activities on private land.

The Code's mandatory conditions about how authorised activities are carried out on private land apply to most resource authorities, including:

  • exploration permits and mineral development licences under the Mineral Resources Act 1989
  • petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004
  • 1923 Act petroleum tenures under the Petroleum Act 1923
  • geothermal authorities under the Geothermal Energy Act 2010
  • greenhouse gas storage authorities under the Greenhouse Gas Storage Act 2009.

However, the mandatory provisions of the Code do not apply to holders of prospecting permits, mining claims or mining leases under the Mineral Resources Act 1989.

Mandatory conditions of conduct

The Code's mandatory conditions set out how resource companies must behave with regards to:

  • induction training of staff and contractors
  • access points, roads and tracks
  • livestock and property
  • weeds and pests
  • camps
  • items brought onto land
  • gates, grids and fences.